Yes. Missouri follows a pure comparative fault rule, which means you can recover compensation even if you were partially — or even mostly — at fault for the accident. Your recovery is simply reduced by your percentage of fault. If you’re found to be 30% at fault and your damages total $100,000, you recover $70,000.
How Comparative Fault Works in Missouri
When a car accident case goes to trial in Missouri, the jury assigns a percentage of fault to each party involved. There is no threshold that bars recovery. Even a plaintiff found 90% at fault can recover 10% of their damages. Having an attorney who can push back on the fault allocation with evidence — police reports, witness statements, accident reconstruction — directly impacts how much money you receive.
Missouri vs. Kansas: A Critical Difference
This is especially important for people in the Joplin area who cross state lines frequently. Kansas follows a modified comparative fault rule under K.S.A. §60-258a, which bars your recovery entirely if your fault is equal to or greater than the defendant’s. If a jury finds you 50% at fault in Kansas, you recover nothing. In Missouri, you’d still recover 50% of your damages. Where the accident happened determines which state’s law applies.
Common Situations Involving Shared Fault
Insurance companies frequently argue shared fault in rear-end collisions where the lead driver braked suddenly, intersection accidents where both drivers claim they had the green light, lane-change crashes where both drivers were merging, and accidents involving speeding or distracted driving by both parties. Don’t let the insurance company convince you that your case is worthless because you share some fault. That’s not how Missouri law works.
If you’ve been injured, call Benecke Injury Law at (417) 623-4000 for a free consultation. We handle cases on contingency — you pay nothing unless we win.
Related Resources
- Car Accident Lawyer Joplin
- What to Do After a Car Accident in Missouri
- Common Mistakes That Can Destroy Your Case
If you’ve been injured, contact Benecke Injury Law at (417) 623-4000 for a free case review.